HELP - MDKP claim (old NWide card) - judgement recd, but no assignment or POC ever recd

[Abby25]

Hubby recd notice of judgement today from Northampton CC for MKDP clakim, asking for £2500 in full in £75 court fees.

 

No idea whom MKDP are, and certainly don't own them anything.

 

Phoned the court, confirm its a genuine claim,

 

the court advise that the claim is in respect of an old Nwide CCard, which we now presume was assigned to MKDP

- although we have recd no notification of this, and this is the first time we've ever heard of the firm.

 

This old nwide cc, was put into dispute yrs ago (will check if we've reached SB) - and has been dormant since.

 

No POC recd, so no idea what their particulars of claim are, so that we can defend accordingly.

 

Court advise they will send us the relevant forms (presume N244) , and on receipt will tsf to a local court - there'll be no fee apparantly.

 

I'll dig out the old complaint file we had with Nwide, and come back accordingly if thats ok..

 

Abs x

[Bazooka Boo]

Milton Keynes Debt Purchasers if my memory serves me right??

 

Happy New Year!!!

What a lovely way to start it with these parasites trying to have their pound of flesh out of you!

With a little luck you will be able to defend and counter sue for damages, is this on your credit file at all?

[Abby25]

Hi BB x

 

Yep, its on hubbys file, I'm going to dig this out to see where we are regarding it being SB'd - which I think is imminent TBH - and may be the reason why they've initiated this claim.

 

Absolutely hopping that hubby recd no POCs pre judgment ... as we don't have any issue with our post.

 

Up to the attic to dig out his NWide dispute details, and will report back !

 

Thanks as always for the help (I can't find the legal forum for some reason, so if this needs to be moved by the Mods thats fine)

 

Abs x

[maroondevo52]

Thread moved

[fkofilee]

IMP is right here Milton Keynes Debt Purchasers... At least they dont leave it up to you to guess where they are in the country ^__^

 

I think you could see them off quite easily... Providing it is SB as it is a complete defence in itself

Id also get the N244 from in ASAP... If this is paid within 28 days then i dont think it gets recorded on your credit file. (Not suggesting that you will have to pay here)

[BRIGADIER2JCS]

What exactly shows on the CRA files please, default date especially.

If the claim was started even a day before the account becomes SB the clock stops then.

 

If he has never received a claim pack and has therefore been unable to defend the claim he can apply for the judgement to be set aside but will need to have a defence ready.

 

MKDP have been known to do this with debt almost SB, so you will need to know exactly when the last payment and/or written acknowledgment was made.

[Abby25]

Thanks, I've downloaded the N244 ... so will have a go at this.

 

If not SBd we do need a more robust defence, but not knowing the particulars of claim (other than you haven't paid the £2500 we want as noted in the judgement) is obviously an issue , but the first thing we can say is that we don't acknowledge any debt with MD., due to this being a NWide ccard, with no notice of assignment recd.

 

I'm going to have a hunt for example N244s where there have been no POC recd and no notice of assignment to get me started - unless anyone can help here ?

 

Thanks again .... all help very welcome

 

Abs x

[AndyOrch]

You haven't moved home Abby in the last 6 years?

 

 

Regards

Andy

[Abby25]

Hey andy,

 

Nope, been here the last 11 yrs .....

 

The only experience I have of the court process is my own claim for the infamous M&S store card to credit card - it was only a parital claim, defended and now stayed (I must go about having this struck out at some point ! ) .. anyhoo, the reason why I say that is the furtherst I've gone down the process, is the AOS & defence on MCOL .... so having things set aside etc is all new to me ! (thankfully !!)

 

Abs xx

[AndyOrch]

Excellent....Its quite straight forward to complete on none receipt of the claim... N244 is in the Legal library. However dig out your paperwork as you will need to present a valid defence.

 

 

Regards

 

 

Andy

[Abby25]

Will do Andy, I've go the N244 ready, and going to make some time later to dig out his complaint file .... what a lovely NY Eve !!!

 

As usual, I can't thank you all enough for taking the time to comment and give guidance ....

 

Back in a bit ...

 

Abs xxx

[AndyOrch]

Keep you busy Abby

 

 

All the best for the New Year.

[Abby25]

 

 

All the best for the New Year.

 

Right back at ya kid !!! And of course to all our fellow CAGGERS ..... hope 2014 is a good'un for all !!

 

Probably back with a bit more info before the strike of 12, but thought I'd get this in early incase I'm not ...

 

Abs xxx

[Ganymede]

Hi,

 

Are you sure you never received the Claim Form from the Court?

 

Seems odd that you only received the judgment but not the Claim Form.

[Abby25]

My hubby is adamant that he hasn't recd it - I agree very odd, as I say we have no probs with post .... in fact I thought it was a fake to begin with, because its the first correspondence from the court or indeed the claimant my hubby has recd

 

Abs.

[Ganymede]

To get the CCJ set aside you'll have to be able to convince the Court that you never received it. As they posted it to the correct address and you received the judgment there is a risk the Court might think you're pulling a fast one.

[Abby25]

Happy New Year all !!

 

Thanks GANYMEDE for your post, but considering there would be absolutely no personal gain whatsoever in receiving the POC and ignoring them, due to possible automatic judgement if he went this route, it would be v difficult to see and argue that my hubby did receive but chose not to action (which he didn't), also they were sent out by TNT (as was his judgement) which is rather dubious for court papers IMHO in anyevent, and given that my hubby has now recd automatic judgement and we're trying to fight it - but thanks for the comments on a possible issue.

 

Anyhoo back to the plot ..... I've dug out the CCA and original complaint file.

 

This would be SBd Sept 2014 ... which explains the urgency of the sudden claim.

 

It has been through several DCAs, the last one being WESTCOT - whom offered a 50% discount.

 

No DN was recd, this formed part of the complaint to Nwide, and also the fact that the CCA, was a 1 page (size 4 font) microfiche copy and pretty much illegible, with no prescribed heading save "CREDIT CARD" Agreement, although above the signature box is the regulated heading ie in signing you are agreeing to ..., but this is at the bottom of the page.

 

The body of the agreement is in relation to "use of information" and "credit reference and fraud protection disclosure", but I can't actually read what is underneath the heading, as is sooooo small.

 

The CCA has a tick box saying I have recd the T&Cs - completed by Nwide.

 

The right to cancel is a short statement "you have a short time to cancel, Exact details of how and when you can do this will be sent to you by post".

 

My dispute complaint to them was (and I'm paraphrasing the most salient points here) ...

 

1. The agreement did not meet the statutory requirements re the correct heading for a CCA74 regulated agreement - with the heading of the agreement they have provided and intend to rely upon merely showing "credit card Agreement.

 

2. The provided agreement contained no prescribed terms, or reference to where they may be found (which would need to be within the 4 corners of the agreement in any event), ie between first and last signature page. Therefore breaching S60(1) of CCA74.

 

3 No DN recd

 

Nationwide failed to respond to any of the dispute, and just passed on to DCAs.

 

Abs x

[Ganymede]

There may be no gain to it buy many, many people bury their head in the sand and ignore Court forms until it is too late.

 

None of the above arguments will matter if you cannot get the judgment set aside.

 

Interestingly I didn't know the Courts used TNT, always thought it was Royal Mail.

[Abby25]

So, if you've not had a chance to defend, the judgement stands regardless ? For clarity, is that based on experience/knowledge or assumptive ?

 

TNT was used to deliver my own POC for a M&S card - so you learn something new I suppose ...

 

'

[AndyOrch]

Abby...concentrate on your paperwork/defence...you will get a set a side...its a default judgment.

[Ganymede]

So, if you've not had a chance to defend, the judgement stands regardless ? For clarity, is that based on experience/knowledge or assumptive ?

 

TNT was used to deliver my own POC for a M&S card - so you learn something new I suppose ...

 

'

 

 

 

Unfortunately if you cannot prove to and convince the Court you didn't receive the Claim Form then yes the judgment will stand as is regardless.

 

You can never stop learning.

[Ganymede]

Abby...concentrate on your paperwork/defence...you will get a set a side...its a default judgment.

 

 

 

There is no guarantee of that.

 

You have to show you weren't served with the Claim Form rather that just ignoring it (not that I'm saying the OP did).

[Abby25]

Thanks Andy .....

 

I'm going to look for some old examples of construction for similar cases, and maybe you guys could give it the once over for me ...

 

Abs x

[Abby25]

Well unless the item was sent recorded or special delivery they can't prove receipt - so therefore are unable to rely upon receipt (and no action taken by the defendant) as a FACTUAL event in any basis of refusal re any set-aside request.

 

The case in this matter, is the POC were not recd by hubby - and as already discussed there would be no actual benefit to have recd and ignored, which would be presented to the court.

 

Abs x

Edited January 1, 2014 by Abby25

[AndyOrch]

To have a default judgment set aside the defendant will have to satisfy the following legal test found in Part 13 of the CPR:

• He has a defence with a real prospect of success; or,
  
• The judgment should be set aside for some other good reason; and,
  
• The application to set aside the judgment was made promptly.